Brown v Director-General of the Justice and Community Safety Directorate

[2023] ACTCA 15

ACT Court of Appeal11 April 2023

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Interrogate

Catchwords

1. Human Rights
2. › Prisoners' rights
3. › Health care in detention
4. › Standard of health care equivalent to community
5. › Whether obligation to ensure provision of specific medical service or access to equivalent standard
6. › Corrections Management Act 2007 (ACT), s 53
7. › Human Rights Act 2004 (ACT), ss 19, 27
1. Statutory Interpretation
2. › Corrections legislation
3. › Meaning of 'standard of health care equivalent to that available'
4. › Meaning of 'access to regular health checks'
5. › Whether provision requires actual provision of specific service or access to services
6. › Corrections Management Act 2007 (ACT), s 53
1. Human Rights
2. › Cultural rights of Aboriginal and Torres Strait Islander peoples
3. › Health care in detention
4. › Whether cultural rights require provision of culturally specific health assessment
5. › Human Rights Act 2004 (ACT), s 27
1. Appeal
2. › New case on appeal
3. › Whether appellant permitted to reformulate relief on appeal
4. › Whether shift from 'provision' to 'access' case permissible where not pleaded below

Quick Take

Section 53 of the Corrections Management Act 2007 (ACT) requires the Director-General to ensure detainees have access to a standard of health care equivalent to that available in the community, but does not require the actual provision of specific medical services such as Aboriginal Health Assessments. The Human Rights Act 2004 (ACT), ss 19 and 27, do not compel a different interpretation. The timing and content of specific health assessments remain matters for the exercise of treating practitioners' clinical judgment.